1. Legal Agreement
You hereby declare that you have the legal capacity to enter into this Agreement and you are not barred from receiving the Services under the French laws or other applicable jurisdiction. You understand that the Services being offered may include certain communications from Little Big MMO, such as service announcements or administrative messages, and that these communications constitute part of the Services being offered by the Website and you may not have the right to opt out of receiving them.
To use the Services, you may be required to download and install client software, and such access entails the use of hardware, software and Internet access (which you acknowledge play a crucial role in your user experience).
You agree that Little Big MMO is not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. Little Big MMO does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Internet.
4. Proprietary Rights
In the event that you make any modifications, adaptations or derivative works of any kind to the Materials (the "Modifications"), whether authorized or unauthorized, you understand and agree that you shall retain no rights of any kind in and to such Modifications and that all rights therein shall belong solely to Little Big MMO. You hereby assign and transfer to Little Big MMO, without any compensation, any and all rights you may have in and to such Modifications.
Under no circumstances, without the prior written approval of Little Big MMO, may you:
- Adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Website, Materials or Services other than in accordance with the Licence.
- Modify or adapt (including through third parties and third party tools) the game client or its data, other than in the normal course of Gangs of Space gameplay as permitted in accordance with the Licence.
- Utilise any automated software or ‘bots’ in relation to your access or use of the Website, Materials or Services.
- Knowingly perform any actions that may cause the computers used to support the Website, Materials and Services (the “Servers”) to become overloaded or crash.
- Connect to the Servers through any software other than the authorised game client software.
- Use any data gathering and extraction tools or software to extract information from the Website or utilize framing techniques to enclose any of the contents of the Website
- Perform in-game services during your use of the Website, Materials or Services for any form of compensation outside of Gangs of Space.
7. Recording and Streaming Gameplay
You agree to fully indemnify Little Big MMO for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential as a result of your breach of the Licence and your use or any third party use of any Gameplay Content created by you including, in respect of any third party claims against Little Big MMO, its related parties, employees, contractors or agents.
9. Posting Policy
The following provisions (“Posting Policy”) apply to any comments you post or any statements you make in any manner on the Website (which includes for the avoidance of doubt any associated forums) or any messages you send to other users of the Materials and Services (including as part of the Gangs of Space gameplay) by any manner whether facilitated or otherwise allowable by the Materials and Services (“Posts”):
- All Posts must represent your genuine opinion of the matter in question;
- Personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature, as may be determined by Little Big MMO in its sole discretion, or Posts otherwise in contravention of any law or court order, are not permitted;
- Posts advertising or promoting any person or entity or their goods or services without the prior written approval of Little Big MMO are not permitted;
- You grant Little Big MMO a perpetual, non-revocable royalty-free licence to:
- make use of any Posts as Little Big MMO deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same; and
- sub-licence third parties, on such terms as Little Big MMO deems appropriate, to make use of any Posts as Little Big MMO deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same;
- Little Big MMO reserves the right without notice, explanation or liability to:
- restrict or remove your ability to make Posts;
- disallow the posting of any specific Posts;
- edit any specific Posts; and
- completely remove any Posts from the Website or anywhere else related to the Materials and Services (including as part of the Gangs of Space gameplay) where they appear or are stored; and
- You agree to indemnify Little Big MMO on demand for any loss or costs of whatever nature suffered by Little Big MMO whether direct or consequential as a result of any breach by you of clauses 9(a)-9(c).
10. Image Policy
The following provisions (“Image Policy”) apply to any images or videos you make available in any manner in relation to any of the Website, Materials and Services (including those that are automatically produced as part of the Gangs of Space gameplay) (“Images”):
While Little Big MMO has endeavoured to take all reasonable and appropriate care in the preparation of the content of the Website, Materials and Services and has no reason to believe that any information contained in any of the Website, Materials or Services is inaccurate or that any Posts or Images are in contravention of the Posting Policy and Image Policy, Little Big MMO does not warrant the accuracy, adequacy, or completeness of any information contained in any of the Website, Materials or Services and that such information is error free or that any Posts or Images are not in contravention of the Posting Policy and Image Policy. Little Big MMO does not undertake to keep any of the Website, Materials or Services updated. To the greatest extent permitted by law Little Big MMO does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the Website, Materials or Services or in relation to any Posts or Images, including without limitation where such loss or damage is a result of or contributed to by the negligence of Little Big MMO.
12. Linked Websites
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for noncommercial purposes, provided such link does not portray Little Big MMO or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Little Big MMO logo or other proprietary graphic of Little Big MMO to link to this Website without the express written permission of Little Big MMO. Furthermore, you may not use, frame or utilize framing techniques to enclose any Little Big MMO trademark, logo or other proprietary information, including the images or videos found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without Little Big MMO's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Little Big MMO or any third party.
Little Big MMO makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Website, or Web sites linking to the Website. Such sites are not under the control of Little Big MMO, and Little Big MMO is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
Little Big MMO provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Little Big MMO of any site or any information contained therein. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
13. Third Party Content
Little Big MMO may provide or make available third party content on the Website or through the Services and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Little Big MMO does not monitor or have any control over any Third Party Content or third party Web sites. Little Big MMO does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Little Big MMO does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
14. Advertisements and promotions; Third-party products and Services
Little Big MMO may run advertisements and promotions from third parties on the Website or may otherwise provide information about or links to third-party products or services on the Website. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Little Big MMO is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Little Big MMO advertisers or third party information on the Website.
15. Account Registration
To acquire or make full use of any of the Website, Materials and Services you will need to register for a Gangs of Space member account (“Member Account”). If you do choose to register for a Member Account you warrant that all information and personal details you provide to Little Big MMO are correct. You may not transfer your registration or any rights you may have in your Member Account to any other person or entity. For the avoidance of doubt, you acknowledge that you will have no ownership rights in your Member Account, including without limitation any Virtual Items connected with such Member Account.
Any username you choose in relation to your Member Account or as applicable any other identifier you choose for use in relation to your access or use of the Website, Materials and Services (including Gang name), may be viewable by other users of any of the Website, Materials and Services as applicable and you warrant that any such username or other identifier will not:
- infringe the rights of whatever nature of any third party including without limitation copyright, registered and unregistered trademark rights, rights of personality, privacy, confidentiality and any other intellectual property rights; and
- contain foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature as may be determined by Little Big MMO in its sole discretion or otherwise be in contravention of any law or court order.
17. Confidentiality of Passwords
You must keep all password and login information associated with your Member Account confidential and not disclose such information to any third party or allow a third party access to your Member Account without first obtaining Little Big MMO's written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your password and login. You must notify Little Big MMO immediately if you know or suspect that your Member Account has been accessed by a third party or your login or password details have been, or may have been, obtained by a third party.
18. Cancellation of Membership
19. Interruption of service
Little Big MMO reserves the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that Little Big MMO will not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.
You also acknowledge that the Services may be interrupted for reasons beyond the control of Little Big MMO, and Little Big MMO cannot guarantee that you will be able to access the Website or the Services whenever you may wish to do so. Little Big MMO shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.
20. Changes to and cancellation of the Service.
Little Big MMO can modify the Website, the Materials and/or the Services, partially or in their entirety, for whatever reason (with or without motive) and without prior notice.
Little Big MMO can permanently close the Services for whatever reason. However Little Big MMO will announce such closure at least 3 months before it takes effect. This period will allow users to use their Virtual Items acquired by a means of payment.
No refund will be made in case of modification or closure of the Services.
Your right to use the Services expires upon the closing of the Services. Once the Services closes, it may be that the data that you have stored on the Services is no longer recoverable.
21. Collecting Information
Whenever you access or make use of any of the Website, Materials or Services, Little Big MMO may as applicable collect the following types of information from you:
- the IP address from which you are accessing the internet;
- the browser your computer uses and the website that hosted the link you used to arrive on the Website;
- the date and time you are visiting the Website or accessing the Service;
- the URLs of the Website pages you visit;
- the operating system, the CPU and GPU and amount of memory of your computer;
- information relating to the actions you undertake within Gangs of Space;
- any telemetry details (such as speed of your connection and how well Gangs of Space gameplay is running) associated with your access and use of Gangs of Space,
- as well as any other information you may explicitly provide Little Big MMO in the course of accessing or making use of any of the Website, Materials or Services.
22. Use of Information
Little Big MMO uses the information provided by you or generated by your accessing or making use of any of the Website, Materials or Services to provide the services Little Big MMO provides to you in relation to any of the Website, Materials or Services.
Little Big MMO also uses information collected from you to assess the performance of the Website, Materials and Services and to ensure that the Website, Materials and Services serve your needs in the most efficient manner possible.
24. Data Transmission
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst Little Big MMO strives to protect such information, we do not warrant and cannot ensure complete security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all reasonable steps to preserve the security of such information.
25. Disclosing Information
You also agree that Little Big MMO is entitled to disclose information it holds about you without your prior permission if Little Big MMO reasonably believes that such disclosure is necessary to:
- meet legal requirements;
- comply with legal process or help to maintain the law;
- protect Little Big MMO's rights or property or that of Little Big MMO's related companies; or
- enforce these Terms of Service or any other agreement that Little Big MMO may have with you.
26. Lost Data
In the event that any information or data (including without limitation in respect of in-game ships, achievements, Virtual Items, Virtual Currencies or general Gangs of Space gameplay) relating to you or your use of any of the Website, Materials and Services held by Little Big MMO or any third party on behalf of Little Big MMO is lost, corrupted or otherwise no longer reasonably available or accessible as judged by Little Big MMO in its sole discretion, you agree that to the greatest extent permissible at law Little Big MMO will have no liability to you of any nature relating to any such information or data.
You must take your own precautions to ensure that the process which you employ for accessing or making use of any of the Website, Materials and Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or any data contained therein. To the greatest extent permitted by law Little Big MMO does not accept responsibility for any interference or damage to your computer system or any data contained therein which may arise in connection with your accessing or making use of any of the Website, Materials and Services.
Little Big MMO reserves the right to make support services available in relation to any of the Website, Materials and Services on such terms and conditions as Little Big MMO at its sole discretion deems appropriate and further reserves the right to alter, suspend or withdraw such support services as Little Big MMO at its sole discretion deems appropriate.
29. Exclusion of Warranty
30. Exclusion of Liability
31. Limitation of Liability
32. Applicable law
The present contract is subject to French law, without prejudice to the mandatory provisions of the Rome convention 80/934/ECC.
If you are accessing or making use of any of the Website, Materials and Services from outside of France then you agree that you are entirely responsible for ensuring that your access and use of any of the Website, Materials and Services will not contravene any laws in your country.
33. Failure to Comply
36. Copyright Complaints
We may give notice of a claim of copyright infringement to our users by an electronic mail to a user's email address in our records.
This Agreement is governed by and shall be construed and enforced under the French laws, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. Little Big MMO and you each hereby irrevocably consent to the jurisdiction of the courts of Cannes for all purposes in connection with any action or proceeding which arises out of or relates to this Agreement and agree that any action or proceeding instituted under this Agreement shall be brought only in the courts of Cannes.
38. Entire Agreement